Reprinted

February 18, 2011





HOUSE BILL No. 1574

_____


DIGEST OF HB 1574 (Updated February 17, 2011 12:19 pm - DI 51)



Citations Affected: IC 14-8; IC 14-12; IC 14-13.

Synopsis: Little Calumet River basin development commission. Requires the Little Calumet River basin development commission to levy a special assessment on parcels of land within certain areas of the Little Calumet River and Burns Waterway watershed. Provides that money collected may be used only for expenses directly related to the operation, repair, and maintenance of flood protection systems within the watershed. Deposits money collected by the assessment into a segregated account within the Little Calumet River project development fund. Provides that if the amount in the account exceeds $12 million the assessment may not be collected for 12 months and until the amount in the segregated account is less than $7 million. Provides for the transfer of $300 thousand dollars to the Indiana regional development authority if the balance in the segregated account is less than $7 million. Provides for the transfer of $900 thousand dollars to the Indiana regional development authority if the balance in the segregated account is equal to or exceeds $7 million. Repeals and moves definition of "political subdivision".

Effective: July 1, 2011.





Soliday, Dobis, Candelaria Reardon




    January 20, 2011, read first time and referred to Committee on Natural Resources.
    February 10, 2011, amended, reported _ Do Pass.
    February 17, 2011, read second time, amended, ordered engrossed.





Reprinted

February 18, 2011

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE BILL No. 1574



    A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 14-8-2-208; (11)HB1574.2.1. -->     SECTION 1. IC 14-8-2-208 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 208. "Political subdivision" has the following meaning:
        (1) For purposes of IC 14-12-1 and IC 14-13-2, the meaning set forth in IC 14-12-1-2. IC 36-1-2-13.
        (2) For purposes of IC 14-20-1, the meaning set forth in IC 14-20-1-4.
        (3) For purposes of IC 14-32-8, the meaning set forth in IC 14-32-8-2.
SOURCE: IC 14-13-2-3.8; (11)HB1574.2.2. -->
SOURCE: IC 14-13-2-3.8. -->     SECTION 2. IC 14-13-2-3.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3.8. As used in this chapter, "watershed" refers to the watershed of the Little Calumet River and Burns Waterway in Lake County as referenced by a map selected under section 18.4 of this chapter.
SOURCE: IC 14-13-2-4; (11)HB1574.2.3. -->     SECTION 3. IC 14-13-2-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. The general

purposesof this chapter are to do the following:
        (1) Promote the general health and welfare of citizens of Indiana.
        (2) Provide for the creation, development, maintenance, administration, and operation of park, recreation, marina, levees, flood control and other public works projects.
        (3) Create a commission with the authority to carry out the purposes of this chapter.
        (4) Create a commission capable of entering into and fulfilling the requirements of a nonfederal interest (as defined by 42 U.S.C. 1962d-5b).

SOURCE: IC 14-13-2-6; (11)HB1574.2.4. -->     SECTION 4. IC 14-13-2-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) Except as provided in subsection (b) and section 18.5 of this chapter, the commission may operate in the manner provided in this chapter only in the geographic area within and extending one (1) mile from the bank of the west arm of the Little Calumet River and Burns Waterway in Lake County and Porter County.
    (b) The commission does not have the power of eminent domain for the construction of marina facilities north of U.S. Highway 12 or south of that point where the west arm of the Little Calumet River meets Burns Waterway. The commission's activities north of U.S. Highway 12 and within and adjacent to Burns Waterway are restricted to those activities that the commission determines to be necessary for the following:
        (1) Channeling and maintenance.
        (2) Construction of breakwaters.
SOURCE: IC 14-13-2-18.4; (11)HB1574.2.5. -->     SECTION 5. IC 14-13-2-18.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 18.4. The commission shall select a map to be used to determine the boundaries of the Little Calumet River and Burns Waterway watershed. The map must meet the following requirements:
        (1) The map must be of sufficient detail to determine which parcels are within the watershed.
        (2) The map must be produced by the United States Geological Survey or another federal or state governmental entity.

SOURCE: IC 14-13-2-18.5; (11)HB1574.2.6. -->     SECTION 6. IC 14-13-2-18.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 18.5. (a) The area established under subsection (b) is a political subdivision authorized by the general assembly to enable the commission to provide special

benefits to taxpayers in the area by promoting public safety and economic development that is of public use and benefit.
    (b) Except as provided in subsections (c) and (d), the commission shall impose an annual special assessment against each parcel of real property within the geographic area:
        (1) west of Interstate Highway 65; and
        (2) within the watershed of the Little Calumet River and Burns Waterway in Lake County;
that is not an exempt parcel under IC 6-1.1-10.

     (c) Before January 1, 2012, the special assessment for each parcel must be as follows:
        (1) A residential parcel of real property, fifty dollars ($50).
        (2) An agricultural parcel of real property, one hundred dollars ($100).
        (3) A commercial parcel of real property, two hundred dollars ($200).
        (4) An industrial or public utility parcel of real property, four hundred dollars ($400).

Parcels shall be classified as residential, agricultural, commercial, industrial, or public utility under this subsection using the same classifications that apply to the assessment of real property under the rules adopted by the department of local government finance.
    (d) After December 31, 2011, the special assessment for each parcel must be as follows:
        (1) A residential parcel of real property, twenty-five dollars ($25).
        (2) An agricultural parcel of real property, fifty dollars ($50).
        (3) A commercial parcel of real property, one hundred dollars ($100).
        (4) An industrial or public utility parcel of real property, two hundred dollars ($200).
Parcels shall be classified as residential, agricultural, commercial, industrial, or public utility under this subsection using the same
classifications that apply to the assessment of real property under the rules adopted by the department of local government finance.
    (e) If on July 1 of a calendar year the balance in the
segregated account within the fund exceeds twelve million dollars ($12,000,000) the commission shall suspend collection of the special assessment:
        (1) for at least twelve (12) months; and
        (2) until the balance in the segregated account within the fund is less than seven million dollars ($7,000,000).


    (f) The commission shall certify the list of assessments to the auditor of each county in which there are parcels of real property subject to the special assessment.
SOURCE: IC 14-13-2-18.6; (11)HB1574.2.7. -->     SECTION 7. IC 14-13-2-18.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 18.6. (a) Each year, the county treasurer shall add to the property tax statements of a person owning the parcel affected by a special assessment, designating it in a manner distinct from general taxes, the full annual assessment is due in the year the statement is sent.
    (b) An assessment under this section shall be collected in the same manner as other special assessments under IC 6-1.1, except for the following:
        (1) An assessment is not the personal obligation of the owner of the parcel affected by the assessment, and only the parcel actually affected by an assessment shall be sold for delinquency.
        (2) An annual assessment shall be paid in full on or before the date the second installment of property taxes is due.
    (c) At the time of each annual tax settlement, the county treasurer shall certify to the county auditor the amount of the special assessments collected.
    (d) The county auditor shall pay special assessments collected by the county treasurer under this chapter to the commission.
    (e) Special assessments collected under this chapter shall be deposited into a segregated account within the fund. Money collected under this section and deposited into the account:
        (1) except as provided in subsection (f), may be used only for expenses directly related to the operation, repair, and maintenance of flood protection systems within the watershed; and
        (2) may not be transferred into other accounts within the fund.

     (f) In each year, the following amount must be transferred from the segregated account referred to in subsection (e) to the northwest Indiana regional development authority established by IC 36-7.5-2-1:
        (1) If the balance in the segregated account on July 1 is less than seven million dollars ($7,000,000), three hundred thousand dollars ($300,000).
        (2) If the balance in the segregated account on July 1 is equal to or exceeds seven million dollars ($7,000,000), nine hundred

thousand dollars ($900,000).
However, the aggregate amount paid to the
northwest Indiana regional development authority may not exceed six million dollars ($6,000,000). This subsection expires December 31, 2032.

SOURCE: IC 14-12-1-2; (11)HB1574.2.8. -->     SECTION 8. IC 14-12-1-2 IS REPEALED [EFFECTIVE JULY 1, 2011].